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(영문) 인천지방법원 부천지원 2018.07.06 2018고단1052
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court’s Branch on November 19, 2009; on August 26, 2011, the same court was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on May 27, 2015, the Incheon District Court was sentenced to two years and eight months of imprisonment for a crime of habitual larceny; on April 1, 2016, the Defendant was sentenced to two years of imprisonment for a crime of habitual larceny from the subsidiary branch of the Incheon District Court’s Branch on January 2, 2018.

"2018 Highest 1052"

1. Around 11:00 on January 23, 2018, the Defendant: (a) stolen the victim’s possession of the victim D’s house gate located adjacent to Yeongdeungpo-gu Seoul Metropolitan Government, by bringing about one f0,00 won of the market value of the victim’s house gate; (b) and (c) committed a theft of the total market value of KRW 30,000,000,000, in total, from around April 17, 2018 to around April 17, 2018, as indicated in the list of crimes in the attached Table.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, the victim's property was stolen during the period of repeated crime.

2. On February 13, 2018, the Defendant infringed upon a structure by entering a door, which was opened for the purpose of cutting off the pipe, in a “G store” underground warehouse operated by the victim F, the victim F, in Bupyeong-si around 13:21 on February 13, 2018.

On April 15, 2018, the Defendant: (a) committed a theft by bringing about approximately 40 km of 50,000 won at the market price under the victim J’s custody in behind the I Company’s building located in Bupyeong-si, Busan; (b) on April 15, 2018. Accordingly, even if the Defendant was sentenced to imprisonment more than three times due to larceny, etc., he again stolen the property of the victim during the repeated period.

"2018 Highest 1431"

1. On March 13, 2018, the Defendant who intrudes upon his/her residence entered the mash through the gate, which was opened in K around 08:20 on March 13, 2018.

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